Florida Senate - 2015                                     SB 156
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00243-15                                            2015156__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination; creating
    3         the “Florida Competitive Workforce Act”; amending s.
    4         760.01, F.S.; revising provisions to include sexual
    5         orientation and gender identity or expression and the
    6         perception of race, color, religion, sex, national
    7         origin, age, sexual orientation, gender identity or
    8         expression, handicap, or marital status as
    9         impermissible grounds for discrimination; amending s.
   10         760.02, F.S.; defining additional terms; amending ss.
   11         760.05, 760.07, and 760.08, F.S.; adding sexual
   12         orientation and gender identity or expression as
   13         impermissible grounds for discrimination; conforming
   14         terminology; amending s. 760.10, F.S.; adding sexual
   15         orientation and gender identity or expression as
   16         impermissible grounds for discrimination; providing an
   17         exception for constitutionally protected free exercise
   18         of religion; amending s. 509.092, F.S.; adding sexual
   19         orientation and gender identity or expression as
   20         impermissible grounds for discrimination in public
   21         lodging establishments and public food service
   22         establishments; providing an exception for
   23         constitutionally protected free exercise of religion;
   24         amending s. 760.22, F.S.; defining additional terms;
   25         amending ss. 760.23, 760.24, 760.25, 760.26, 760.29,
   26         and 760.60, F.S.; adding sexual orientation and gender
   27         identity or expression as impermissible grounds for
   28         discrimination; amending s. 419.001, F.S.; conforming
   29         a cross-reference; providing an effective date.
   30          
   31  Be It Enacted by the Legislature of the State of Florida:
   32  
   33         Section 1. This act may be cited as the “Florida
   34  Competitive Workforce Act.”
   35         Section 2. Subsection (2) of section 760.01, Florida
   36  Statutes, is amended to read:
   37         760.01 Purposes; construction; title.—
   38         (2) The general purposes of the Florida Civil Rights Act of
   39  1992 are to secure for all individuals within the state freedom
   40  from discrimination because of, or based on the perception of,
   41  race, color, religion, sex, national origin, age, sexual
   42  orientation, gender identity or expression, handicap, or marital
   43  status and thereby to protect their interest in personal
   44  dignity, to make available to the state their full productive
   45  capacities, to secure the state against domestic strife and
   46  unrest, to preserve the public safety, health, and general
   47  welfare, and to promote the interests, rights, and privileges of
   48  individuals within the state.
   49         Section 3. Section 760.02, Florida Statutes, is reordered
   50  and amended to read:
   51         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   52  and s. 509.092, the term:
   53         (7)(1) “Florida Civil Rights Act of 1992” means ss. 760.01
   54  760.11 and s. 509.092.
   55         (2) “Commission” means the Florida Commission on Human
   56  Relations created by s. 760.03.
   57         (3) “Commissioner” or “member” means a member of the
   58  commission.
   59         (4) “Discriminatory practice” means any practice made
   60  unlawful by the Florida Civil Rights Act of 1992.
   61         (10)(5) “National origin” includes ancestry.
   62         (11)(6) “Person” includes an individual, association,
   63  corporation, joint apprenticeship committee, joint-stock
   64  company, labor union, legal representative, mutual company,
   65  partnership, receiver, trust, trustee in bankruptcy, or
   66  unincorporated organization; any other legal or commercial
   67  entity; the state; or any governmental entity or agency.
   68         (5)(7) “Employer” means any person employing 15 or more
   69  employees for each working day in each of 20 or more calendar
   70  weeks in the current or preceding calendar year, and any agent
   71  of such a person.
   72         (6)(8) “Employment agency” means any person regularly
   73  undertaking, with or without compensation, to procure employees
   74  for an employer or to procure for employees opportunities to
   75  work for an employer, and includes an agent of such a person.
   76         (8) “Gender identity or expression” means gender-related
   77  identity, appearance, or behavior, regardless of whether such
   78  gender-related identity, appearance, or behavior is different
   79  from that traditionally associated with the person’s physiology
   80  or assigned sex at birth, which gender-related identity can be
   81  shown by providing evidence, including, but not limited to:
   82         (a) Medical history, care, or treatment of the gender
   83  related identity;
   84         (b) Consistent and uniform assertion of the gender-related
   85  identity; or
   86         (c) Other evidence that the gender-related identity is a
   87  sincerely held part of a person’s core identity and is not being
   88  asserted for an improper purpose.
   89         (9) “Labor organization” means any organization which
   90  exists for the purpose, in whole or in part, of collective
   91  bargaining or of dealing with employers concerning grievances,
   92  terms or conditions of employment, or other mutual aid or
   93  protection in connection with employment.
   94         (1)(10) “Aggrieved person” means any person who files a
   95  complaint with the Human Relations Commission.
   96         (12)(11) “Public accommodations” means places of public
   97  accommodation, lodgings, facilities principally engaged in
   98  selling food for consumption on the premises, gasoline stations,
   99  places of exhibition or entertainment, and other covered
  100  establishments. Each of the following establishments which
  101  serves the public is a place of public accommodation within the
  102  meaning of this section:
  103         (a) Any inn, hotel, motel, or other establishment that
  104  which provides lodging to transient guests, other than an
  105  establishment located within a building that which contains not
  106  more than four rooms for rent or hire and that which is actually
  107  occupied by the proprietor of such establishment as his or her
  108  residence.
  109         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  110  soda fountain, or other facility principally engaged in selling
  111  food for consumption on the premises, including, but not limited
  112  to, any such facility located on the premises of any retail
  113  establishment, or any gasoline station.
  114         (c) Any motion picture theater, theater, concert hall,
  115  sports arena, stadium, or other place of exhibition or
  116  entertainment.
  117         (d) Any establishment that which is physically located
  118  within the premises of any establishment otherwise covered by
  119  this subsection, or within the premises of which is physically
  120  located any such covered establishment, and that which holds
  121  itself out as serving patrons of such covered establishment.
  122         (13) “Sexual orientation” means an individual’s actual or
  123  perceived heterosexuality, homosexuality, or bisexuality.
  124         Section 4. Section 760.05, Florida Statutes, is amended to
  125  read:
  126         760.05 Functions of the commission.—The commission shall
  127  promote and encourage fair treatment and equal opportunity for
  128  all persons regardless of race, color, religion, sex, national
  129  origin, age, sexual orientation, gender identity or expression,
  130  handicap, or marital status and mutual understanding and respect
  131  among all members of society, all economic, social, racial,
  132  religious, and ethnic groups; and the commission shall endeavor
  133  to eliminate discrimination against, and antagonism between,
  134  persons on the basis of, or based on the perception of, race,
  135  color, religion, sex, national origin, age, sexual orientation,
  136  gender identity or expression, handicap, or marital status
  137  religious, racial, and ethnic groups and their members.
  138         Section 5. Section 760.07, Florida Statutes, is amended to
  139  read:
  140         760.07 Remedies for unlawful discrimination.—Any violation
  141  of any Florida statute making unlawful discrimination because
  142  of, or based on the perception of, race, color, religion,
  143  gender, national origin, age, sexual orientation, gender
  144  identity or expression, handicap, or marital status in the areas
  145  of education, employment, housing, or public accommodations
  146  gives rise to a cause of action for all relief and damages
  147  described in s. 760.11(5), unless greater damages are expressly
  148  provided for. If the statute prohibiting unlawful discrimination
  149  provides an administrative remedy, the action for equitable
  150  relief and damages provided for in this section may be initiated
  151  only after the plaintiff has exhausted his or her administrative
  152  remedy. The term “public accommodations” does not include lodge
  153  halls or other similar facilities of private organizations which
  154  are made available for public use occasionally or periodically.
  155  The right to trial by jury is preserved in any case in which the
  156  plaintiff is seeking actual or punitive damages.
  157         Section 6. Section 760.08, Florida Statutes, is amended to
  158  read:
  159         760.08 Discrimination in places of public accommodation.
  160  All persons shall be entitled to the full and equal enjoyment of
  161  the goods, services, facilities, privileges, advantages, and
  162  accommodations of any place of public accommodation, as defined
  163  in this chapter, without discrimination or segregation on the
  164  ground of, or based on the perception of, race, color, national
  165  origin, sex, sexual orientation, gender identity or expression,
  166  handicap, familial status, or religion.
  167         Section 7. Subsections (1) and (2), paragraphs (a) and (b)
  168  of subsection (3), subsections (4), (5), and (6), paragraph (a)
  169  of subsection (8), and subsection (9) of section 760.10, Florida
  170  Statutes, are amended to read:
  171         760.10 Unlawful employment practices.—
  172         (1) It is an unlawful employment practice for an employer:
  173         (a) To discharge or to fail or refuse to hire any
  174  individual, or otherwise to discriminate against any individual
  175  with respect to compensation, terms, conditions, or privileges
  176  of employment, because of, or based on the perception of, such
  177  individual’s race, color, religion, sex, national origin, age,
  178  sexual orientation, gender identity or expression, handicap, or
  179  marital status.
  180         (b) To limit, segregate, or classify employees or
  181  applicants for employment in any way that which would deprive or
  182  tend to deprive any individual of employment opportunities, or
  183  adversely affect any individual’s status as an employee, because
  184  of, or based on the perception of, such individual’s race,
  185  color, religion, sex, national origin, age, sexual orientation,
  186  gender identity or expression, handicap, or marital status.
  187         (2) It is an unlawful employment practice for an employment
  188  agency to fail or refuse to refer for employment, or otherwise
  189  to discriminate against, any individual because of, or based on
  190  the perception of, race, color, religion, sex, national origin,
  191  age, sexual orientation, gender identity or expression,
  192  handicap, or marital status or to classify or refer for
  193  employment any individual on the basis of, or based on the
  194  perception of, race, color, religion, sex, national origin, age,
  195  sexual orientation, gender identity or expression, handicap, or
  196  marital status.
  197         (3) It is an unlawful employment practice for a labor
  198  organization:
  199         (a) To exclude or to expel from its membership, or
  200  otherwise to discriminate against, any individual because of, or
  201  based on the perception of, race, color, religion, sex, national
  202  origin, age, sexual orientation, gender identity or expression,
  203  handicap, or marital status.
  204         (b) To limit, segregate, or classify its membership or
  205  applicants for membership, or to classify or fail or refuse to
  206  refer for employment any individual, in any way that which would
  207  deprive or tend to deprive any individual of employment
  208  opportunities, or adversely affect any individual’s status as an
  209  employee or as an applicant for employment, because of, or based
  210  on the perception of, such individual’s race, color, religion,
  211  sex, national origin, age, sexual orientation, gender identity
  212  or expression, handicap, or marital status.
  213         (4) It is an unlawful employment practice for any employer,
  214  labor organization, or joint labor-management committee
  215  controlling apprenticeship or other training or retraining,
  216  including on-the-job training programs, to discriminate against
  217  any individual because of, or based on the perception of, race,
  218  color, religion, sex, national origin, age, sexual orientation,
  219  gender identity or expression, handicap, or marital status in
  220  admission to, or employment in, any program established to
  221  provide apprenticeship or other training.
  222         (5) Whenever, in order to engage in a profession,
  223  occupation, or trade, it is required that a person receive a
  224  license, certification, or other credential;, become a member or
  225  an associate of any club, association, or other organization;,
  226  or pass any examination, it is an unlawful employment practice
  227  for any person to discriminate against any other person seeking
  228  such license, certification, or other credential;, seeking to
  229  become a member or associate of such club, association, or other
  230  organization;, or seeking to take or pass such examination,
  231  because of, or based on the perception of, such other person’s
  232  race, color, religion, sex, national origin, age, sexual
  233  orientation, gender identity or expression, handicap, or marital
  234  status.
  235         (6) It is an unlawful employment practice for an employer,
  236  a labor organization, an employment agency, or a joint labor
  237  management committee to print, or cause to be printed or
  238  published, any notice or advertisement relating to employment,
  239  membership, classification, referral for employment, or
  240  apprenticeship or other training which indicates, indicating any
  241  preference, limitation, specification, or discrimination, based
  242  on a person’s actual or perceived race, color, religion, sex,
  243  national origin, age, sexual orientation, gender identity or
  244  expression, absence of handicap, or marital status.
  245         (8) Notwithstanding any other provision of this section, it
  246  is not an unlawful employment practice under ss. 760.01-760.10
  247  for an employer, employment agency, labor organization, or joint
  248  labor-management committee to:
  249         (a) Take or fail to take any action on the basis of a
  250  person’s actual or perceived religion, sex, national origin,
  251  age, sexual orientation, gender identity or expression,
  252  handicap, or marital status in those certain instances in which
  253  religion, sex, national origin, age, sexual orientation, gender
  254  identity or expression, absence of a particular handicap, or
  255  marital status is a bona fide occupational qualification
  256  reasonably necessary for the performance of the particular
  257  employment to which such action or inaction is related.
  258         (9)(a) This section does shall not apply to any religious
  259  corporation, association, educational institution, or society
  260  which conditions opportunities in the area of employment or
  261  public accommodation to members of that religious corporation,
  262  association, educational institution, or society or to persons
  263  who subscribe to its tenets or beliefs.
  264         (b) This section does shall not prohibit a religious
  265  corporation, association, educational institution, or society
  266  from giving preference in employment to individuals of a
  267  particular religion to perform work connected with the carrying
  268  on by such corporations, associations, educational institutions,
  269  or societies of its various activities.
  270         (c) This section and s. 760.08 do not limit the free
  271  exercise of religion guaranteed by the United States
  272  Constitution and the State Constitution.
  273         Section 8. Section 509.092, Florida Statutes, is amended to
  274  read:
  275         509.092 Public lodging establishments and public food
  276  service establishments; rights as private enterprises.—
  277         (1) Public lodging establishments and public food service
  278  establishments are private enterprises, and the operator has the
  279  right to refuse accommodations or service to any person who is
  280  objectionable or undesirable to the operator, but such refusal
  281  may not be based upon the person’s actual or perceived race,
  282  creed, color, sex, physical disability, sexual orientation,
  283  gender identity or expression, or national origin.
  284         (2) A person aggrieved by a violation of this section or a
  285  violation of a rule adopted under this section has a right of
  286  action pursuant to s. 760.11.
  287         (3) This section does not limit the free exercise of
  288  religion guaranteed by the United States Constitution and the
  289  State Constitution.
  290         Section 9. Section 760.22, Florida Statutes, is amended to
  291  read:
  292         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  293         (1) “Commission” means the Florida Commission on Human
  294  Relations.
  295         (2) “Covered multifamily dwelling” means:
  296         (a) A building that which consists of four or more units
  297  and has an elevator; or
  298         (b) The ground floor units of a building that which
  299  consists of four or more units and does not have an elevator.
  300         (3) “Discriminatory housing practice” means an act that is
  301  unlawful under the terms of ss. 760.20-760.37.
  302         (4) “Dwelling” means any building or structure, or portion
  303  thereof, which is occupied as, or designed or intended for
  304  occupancy as, a residence by one or more families, and any
  305  vacant land that which is offered for sale or lease for the
  306  construction or location on the land of any such building or
  307  structure, or portion thereof.
  308         (5) “Familial status” is established when an individual who
  309  has not attained the age of 18 years is domiciled with:
  310         (a) A parent or other person having legal custody of such
  311  individual; or
  312         (b) A designee of a parent or other person having legal
  313  custody, with the written permission of such parent or other
  314  person.
  315         (6) “Family” includes a single individual.
  316         (7) “Gender identity or expression” has the same meaning as
  317  provided in s. 760.02.
  318         (8)(7) “Handicap” means:
  319         (a) A person has a physical or mental impairment that which
  320  substantially limits one or more major life activities that a
  321  person has, or he or she has a record of having, or is regarded
  322  as having, such physical or mental impairment; or
  323         (b) A person has a developmental disability as defined in
  324  s. 393.063.
  325         (9)(8) “Person” includes one or more individuals,
  326  corporations, partnerships, associations, labor organizations,
  327  legal representatives, mutual companies, joint-stock companies,
  328  trusts, unincorporated organizations, trustees, trustees in
  329  bankruptcy, receivers, and fiduciaries.
  330         (10) “Sexual orientation” has the same meaning as defined
  331  in s. 760.02.
  332         (11)(9) “Substantially equivalent” means an administrative
  333  subdivision of the State of Florida meeting the requirements of
  334  24 C.F.R. part 115, s. 115.6.
  335         (12)(10) “To rent” includes to lease, to sublease, to let,
  336  and otherwise to grant for a consideration the right to occupy
  337  premises not owned by the occupant.
  338         Section 10. Subsections (1) through (5) of section 760.23,
  339  Florida Statutes, are amended to read:
  340         760.23 Discrimination in the sale or rental of housing and
  341  other prohibited practices.—
  342         (1) It is unlawful to refuse to sell or rent after the
  343  making of a bona fide offer, to refuse to negotiate for the sale
  344  or rental of, or otherwise to make unavailable or deny a
  345  dwelling to any person because of, or based on the perception
  346  of, race, color, national origin, sex, sexual orientation,
  347  gender identity or expression, handicap, familial status, or
  348  religion.
  349         (2) It is unlawful to discriminate against any person in
  350  the terms, conditions, or privileges of sale or rental of a
  351  dwelling, or in the provision of services or facilities in
  352  connection therewith, because of, or based on the perception of,
  353  race, color, national origin, sex, sexual orientation, gender
  354  identity or expression, handicap, familial status, or religion.
  355         (3) It is unlawful to make, print, or publish, or cause to
  356  be made, printed, or published, any notice, statement, or
  357  advertisement with respect to the sale or rental of a dwelling
  358  that indicates any preference, limitation, or discrimination
  359  based on a person’s actual or perceived race, color, national
  360  origin, sex, sexual orientation, gender identity or expression,
  361  handicap, familial status, or religion or an intention to make
  362  any such preference, limitation, or discrimination.
  363         (4) It is unlawful to represent to any person because of,
  364  or based on the perception of, the person’s race, color,
  365  national origin, sex, sexual orientation, gender identity or
  366  expression, handicap, familial status, or religion that any
  367  dwelling is not available for inspection, sale, or rental when
  368  such dwelling is in fact so available.
  369         (5) It is unlawful, for profit, to induce or attempt to
  370  induce any person to sell or rent any dwelling by a
  371  representation regarding the entry or prospective entry into the
  372  neighborhood of a person or persons of, or perceived to be of, a
  373  particular race, color, national origin, sex, sexual
  374  orientation, gender identity or expression, handicap, familial
  375  status, or religion.
  376         Section 11. Section 760.24, Florida Statutes, is amended to
  377  read:
  378         760.24 Discrimination in the provision of brokerage
  379  services.—It is unlawful to deny any person access to, or
  380  membership or participation in, any multiple-listing service,
  381  real estate brokers’ organization, or other service,
  382  organization, or facility relating to the business of selling or
  383  renting dwellings, or to discriminate against him or her in the
  384  terms or conditions of such access, membership, or
  385  participation, because on account of, or based on the perception
  386  of, race, color, national origin, sex, sexual orientation,
  387  gender identity or expression, handicap, familial status, or
  388  religion.
  389         Section 12. Subsection (1) and paragraph (a) of subsection
  390  (2) of section 760.25, Florida Statutes, are amended to read:
  391         760.25 Discrimination in the financing of housing or in
  392  residential real estate transactions.—
  393         (1) It is unlawful for any bank, building and loan
  394  association, insurance company, or other corporation,
  395  association, firm, or enterprise the business of which consists
  396  in whole or in part of the making of commercial real estate
  397  loans to deny a loan or other financial assistance to a person
  398  applying for the loan for the purpose of purchasing,
  399  constructing, improving, repairing, or maintaining a dwelling,
  400  or to discriminate against him or her in the fixing of the
  401  amount, interest rate, duration, or other term or condition of
  402  such loan or other financial assistance, because of, or based on
  403  the perception of, the race, color, national origin, sex, sexual
  404  orientation, gender identity or expression, handicap, familial
  405  status, or religion of such person or of any person associated
  406  with him or her in connection with such loan or other financial
  407  assistance or the purposes of such loan or other financial
  408  assistance, or because of, or based on the perception of, the
  409  race, color, national origin, sex, sexual orientation, gender
  410  identity or expression, handicap, familial status, or religion
  411  of the present or prospective owners, lessees, tenants, or
  412  occupants of the dwelling or dwellings in relation to which such
  413  loan or other financial assistance is to be made or given.
  414         (2)(a) It is unlawful for any person or entity whose
  415  business includes engaging in residential real estate
  416  transactions to discriminate against any person in making
  417  available such a transaction, or in the terms or conditions of
  418  such a transaction, because of, or based on the perception of,
  419  race, color, national origin, sex, sexual orientation, gender
  420  identity or expression, handicap, familial status, or religion.
  421         Section 13. Section 760.26, Florida Statutes, is amended to
  422  read:
  423         760.26 Prohibited discrimination in land use decisions and
  424  in permitting of development.—It is unlawful to discriminate in
  425  land use decisions or in the permitting of development based on
  426  a person’s actual or perceived race, color, national origin,
  427  sex, sexual orientation, gender identity or expression,
  428  disability, familial status, religion, or, except as otherwise
  429  provided by law, the source of financing of a development or
  430  proposed development.
  431         Section 14. Paragraph (a) of subsection (5) of section
  432  760.29, Florida Statutes, is amended to read:
  433         760.29 Exemptions.—
  434         (5) Nothing in ss. 760.20-760.37:
  435         (a) Prohibits a person engaged in the business of
  436  furnishing appraisals of real property from taking into
  437  consideration factors other than race, color, national origin,
  438  sex, sexual orientation, gender identity or expression,
  439  handicap, familial status, or religion.
  440         Section 15. Subsection (1) of section 760.60, Florida
  441  Statutes, is amended to read:
  442         760.60 Discriminatory practices of certain clubs
  443  prohibited; remedies.—
  444         (1) It is unlawful for a person to discriminate against any
  445  individual because of, or based on the perception of, race,
  446  color, religion, gender, national origin, handicap, age above
  447  the age of 21, sexual orientation, gender identity or
  448  expression, or marital status in evaluating an application for
  449  membership in a club that has more than 400 members, that
  450  provides regular meal service, and that regularly receives
  451  payment for dues, fees, use of space, facilities, services,
  452  meals, or beverages directly or indirectly from nonmembers for
  453  business purposes. It is unlawful for a person, on behalf of
  454  such a club, to publish, circulate, issue, display, post, or
  455  mail any advertisement, notice, or solicitation that contains a
  456  statement to the effect that the accommodations, advantages,
  457  facilities, membership, or privileges of the club are denied to
  458  any individual because of, or based on the perception of, race,
  459  color, religion, gender, national origin, handicap, age above
  460  the age of 21, sexual orientation, gender identity or
  461  expression, or marital status. This subsection does not apply to
  462  fraternal or benevolent organizations, ethnic clubs, or
  463  religious organizations where business activity is not
  464  prevalent.
  465         Section 16. Paragraph (e) of subsection (1) of section
  466  419.001, Florida Statutes, is amended to read:
  467         419.001 Site selection of community residential homes.—
  468         (1) For the purposes of this section, the term:
  469         (e) “Resident” means any of the following: a frail elder as
  470  defined in s. 429.65; a person who has a handicap as defined in
  471  s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
  472  developmental disability as defined in s. 393.063; a
  473  nondangerous person who has a mental illness as defined in s.
  474  394.455; or a child who is found to be dependent as defined in
  475  s. 39.01 or s. 984.03, or a child in need of services as defined
  476  in s. 984.03 or s. 985.03.
  477         Section 17. This act shall take effect July 1, 2015.